General Provisions Establishing the Procedure for Addressing Information and Documentation Requests from Competent Authorities to Financial Entities Supervised by the CNBV

GENERAL PROVISIONS ESTABLISHING THE PROCEDURE FOR ADDRESSING INFORMATION AND DOCUMENTATION REQUESTS FROM COMPETENT AUTHORITIES TO FINANCIAL ENTITIES SUBJECT TO THE SUPERVISION OF THE NATIONAL BANK AND SECURITIES COMMISSION, THROUGH SAID COMMISSION

Published in the Official Gazette of the Federation on November 9, 2009. Updated with modifications published in the same Gazette on October 11, 2010, April 28 and July 28, 2017, and December 13, 2018.

The National Bank and Securities Commission, based on articles 4, fractions V, XXXVI, and XXXVIII, 16, fraction I, and 19 of its Law; 97, 110 Bis 2, fraction IV, 115, and 117 of the Credit Institutions Law; 192, 212, and 399, fraction IV of the Securities Market Law; 44, 78, 129, and 133, fraction IV of the Credit Unions Law; 34, 122 Bis, 124, and 146, fraction IV, of the Popular Savings and Credit Law; 69, 70, 71, 72, and 120, fraction IV, of the Law to Regulate the Activities of Savings and Loan Cooperative Societies; 55 and 91 of the Investment Companies Law; 51-A, 87-D, and 95 of the General Law of Organizations and Auxiliary Credit Activities, and 45 of the Supervision Regulations of the National Bank and Securities Commission, published in the Official Gazette of the Federation on January 18, 2005, as well as in the eleventh, third paragraph, and sixteenth of the "General Rules to which the societies referred to in fraction IV of article 103 of the Credit Institutions Law must adhere," published in the Official Gazette of the Federation on December 19, 2005,

CONSIDERING

That the significant increase in the number of information and documentation requests made by various fiscal, administrative, and judicial authorities to financial entities, through the National Bank and Securities Commission, makes it necessary to modernize the process of addressing such requests, using technological tools that contribute to strengthening the management of said process, as well as to reduce the costs associated with it;

That with the modernization of the aforementioned process, it is also intended to help reduce the times in which the information and documentation requested by the aforementioned authorities is provided, with the purpose that the latter exercise timely the powers conferred upon them by the applicable legal provisions, and

That to achieve the objectives set forth, it is necessary to expand the scope of application of the procedure in question, so that it is not limited solely to credit institutions and brokerage houses, but is extended to other types of financial entities subject to the supervision of the Commission, has resolved to issue the following:

GENERAL PROVISIONS ESTABLISHING THE PROCEDURE FOR ADDRESSING INFORMATION AND DOCUMENTATION REQUESTS FROM COMPETENT AUTHORITIES TO FINANCIAL ENTITIES SUBJECT TO THE SUPERVISION OF THE NATIONAL BANK AND SECURITIES COMMISSION, THROUGH SAID COMMISSION

INDEX
Chapter I
Preliminary Provisions
Chapter II
Regarding the notification procedure for Letters, as well as the delivery and receipt of information and documentation First Section Regarding the notification of Letters Second Section Regarding the delivery and receipt of information and documentation TRANSITORY PROVISIONS

CONSIDERATIONS
REFERENCES
List of Annexes
(9) ANNEX 1 Data of the responsible person or persons for the sending and quality of the information that must be sent to the National Bank and Securities Commission.
ANNEX 2 Response to Letters. Filling Instructions.
(7) ANNEX 3 Characteristics and specifications for sending statements of passive operations.

Chapter I
Preliminary Provisions
Article 1.- These provisions aim to establish a special procedure for the notification of Letters to Financial Entities through the SITI, as well as for the delivery and receipt of the information and documentation subject to them.

Article 2.- For the purposes of these provisions, the following shall be understood:
I. Commission, the National Bank and Securities Commission.
(8) II. Financial Entities, credit institutions, brokerage houses, investment funds, operating societies of investment funds, distributing societies of investment fund shares, general warehouses, credit unions, exchange houses, regulated multiple-object financial societies, credit information societies, financial technology societies, savings and loan cooperative societies, popular financial societies, and other societies regulated by the Popular Savings and Credit Law.
III. Letters, those issued by the Commission to address Requests received from fiscal, administrative, or judicial authorities.
IV. Requests, those made to the Commission by fiscal, administrative, and judicial authorities in order to manage, in their favor, the delivery of information and documentation regarding operations and services that Financial Entities conclude or, in their case, for the application by said entities of precautionary measures dictated by such authorities.
V. Positive Response, that which the Financial Entity issues by virtue of:
a) Having located the information or documentation subject to the Request in whole or in part. In Requests requesting information or documentation from more than one person, partial location shall be understood as finding information or documentation from at least one of them; b) Having located information or documentation from homonyms of the names indicated in the Request and additional information is necessary.
VI. Negative Response, that which the Financial Entity issues in case it has no information or documentation whatsoever regarding the person or persons included in the Request in question.

VII. SITI, the Interinstitutional Information Transfer System administered by the Commission.

Chapter II
Regarding the notification procedure for Letters, as well as the delivery and receipt of information and documentation First Section Regarding the notification of Letters
Article 3.- Financial Entities, prior to implementing the special notification procedure provided for in these provisions, must submit a written statement addressed to the Commission, signed by a duly authorized agent or legal representative, in which they express their full conformity with said procedure, designating as the conventional address for receiving such notifications, the electronic box enabled by the Commission in the SITI for such effect.

Article 4.- The Commission will notify the Letters in the electronic box of the SITI corresponding to the Financial Entity in question, in accordance with the following:
I. It will provide the Financial Entity with electronic files containing:
a) The Letter issued by the competent administrative unit in accordance with the Internal Regulations of said Commission, and b) The digitized image of the Request.
Financial Entities are obligated to respond to each and every one of the requests contained in the electronic files referred to in the preceding subsections, and must verify comprehensively the information contained in said files.
Additionally, the Commission may provide structured electronic information from the electronic file containing the Request, which shall have only informative effects.
II. Once the Commission deposits the electronic files referred to in the preceding subsection in the SITI, the Financial Entity shall be deemed notified, and an electronic record will be generated containing the Letter number, as well as the date and time of the respective deposit, said record being considered an acknowledgment of receipt, for all legal effects corresponding. This is independent of whether the destination Financial Entity downloads or not the aforementioned electronic files.
The Commission will make notifications, in accordance with the procedure referred to in these provisions, on business days, from 9:00 to 18:00 hours. Notifications made on non-business days and hours shall be deemed made on the next business day.
(8) Article 5.- Financial Entities must designate the persons responsible for providing the Commission with the information and documentation referred to in these provisions. Such designations must fall upon persons who are within the four hierarchical levels below the General Director or, in the case of financial technology institutions that do not have a General Director, the sole administrator, who must have sufficient powers to bind the Financial Entity with their acts. Likewise, Financial Entities must designate the persons who will have access to the electronic box in the SITI corresponding to them. The aforementioned designations must be notified to the Commission at least three business days in advance of the date on which the designation is to take effect, adhering to the format provided in Annex 1 of these provisions. The same procedure must be followed for the substitution of persons designated as contemplated in the preceding paragraph. Likewise, Financial Entities must communicate to the Commission, by free writing, the name and date from which the previously designated persons will cease to have the status of authorized, for the effects provided in this provision. The Commission will deliver to the persons responsible for providing the information and documentation, the keys and passwords to access and operate the SITI, which certify the validity of the acts referred to in these provisions. Financial Entities are responsible under applicable legislation for the acts carried out by the designated natural persons in accordance with what is provided in this article, without prejudice to the liabilities incurred by said natural persons by reason of their actions.

Article 6.- In the electronic box corresponding to each Financial Entity in the SITI, the Commission will keep available those Letters it has notified in accordance with the procedure indicated in these provisions, for a period of seven business days, counted from the business day following that on which they are deposited in the SITI. This is independent of the response time established in the Letter itself.
Access to the consultation screens is only permitted to the persons designated by the Financial Entity, in terms of what is provided in article 5 of these provisions.
In case a Financial Entity needs to consult or access Letters and Requests that are no longer available in the electronic box of the SITI corresponding to it, it may exceptionally request access to said Letters and Requests by free writing addressed to the Commission official who signed the Letter, justifying the reasons giving rise to its request. The Commission will make the respective determination known to the Financial Entity in question.

Article 7.- The Commission, once the deadline for compliance and observance of the Letters has expired, may issue reminder Letters notifying them in the electronic box of the SITI corresponding to the Financial Entity, or, exceptionally, at its social address.
This is without prejudice to the administrative sanctions that may be applicable.

Article 8.- The Commission, in cases it determines, may notify Letters in writing at the social address of the Financial Entity, due to the importance or confidentiality of the matter.

Second Section
Regarding the delivery and receipt of information and documentation
Article 9.- Financial Entities must comply with the Letters of the Commission, adhering to the following:
(5) I. In case of Positive Response, they will send in paper to the Commission's offices the information and documentation in question, by written statement signed by an agent or legal representative, unless the authority requires it through other means. Regarding statements of accounts of Financial Entities, they will be sent in file in PDF (Portable Document Format) format and additionally, in the case of credit institutions in accordance with the characteristics and specifications indicated in Annex 3 of these provisions, when the authority itself so requests. The PDF format file must meet the following characteristics:
(6) a) Guarantee the integrity of the document's properties.
(6) b) Restrict document editing, which does not allow insertion, deletion, rotation, and extraction of pages, or any other editing activity.
(6) c) Restrict copying of text, images, and other content of the document.
(1) In the event that due to the nature of the documentation and information they must provide to address the Requests, the time limit granted by the Commission in the corresponding Letter proves insufficient, Financial Entities, exceptionally, may request an extension of said time limit, motivating such request and indicating the term in which they will deliver the required documentation and information, with the granting being discretionary for the Commission. (2) The extension request referred to in the preceding paragraph may be submitted by free writing addressed to the Commission official who signed the Letter, or through the electronic box of the SITI designated for this purpose, in which case, an electronic acknowledgment will be published in the same, containing the resolution accepting or rejecting the requested extension.
II. In case of Negative Response, they will use the electronic box of the SITI designated for this purpose, either in the online response option or by sending an electronic file; in the latter case, they must adhere to the format attached to these provisions as Annex 2. Financial Entities may issue Negative Responses individually or in bulk.
For the purposes of the provisions of this subsection, responses cannot be modified, being considered definitive for all legal effects, so it is the responsibility of the Financial Entity to ensure that the required information or documentation does not exist, prior to sending the Negative Response.
In cases where the Commission so requires, Financial Entities must submit in writing, within the time limits determined by the Commission itself, the Negative Response previously sent through the SITI accompanied by the respective electronic acknowledgment of receipt, which shall be deemed delivered on the same date and terms as it was received electronically. Notwithstanding the above, in cases where the Request precisely indicates the existence of a certain type of information or documentation, and such information or documentation is not located by the Financial Entities, they must send in paper to the Commission's offices a written statement signed by an agent or legal representative justifying the Negative Response. (2) III. It shall be considered that a Negative Response has been issued when Financial Entities have not responded or requested an extension in terms of the preceding subsection I, within five business days following the deadline fixed by the Commission in said Letters, or in the time limit fixed by fiscal, administrative, or judicial authorities, in the Requests, when such authorities have determined a time limit for the Financial Entities themselves. (2) The above stated in the preceding paragraph shall not apply to Requests in which fiscal, administrative, or judicial authorities precisely indicate the existence of information or documentation that has not been located by the Financial Entities, so the latter must send the written statement in the form and terms referred to in the fourth paragraph of the preceding subsection II. Financial Entities that have problems related to the use of the SITI to comply with the obligations provided in these provisions, must immediately contact the Commission's User Service Center at the email address "siti@cnbv.gob.mx", or by telephone number 14546808.

Article 10.- Once the Financial Entity's response is received, the Commission, through the SITI, will review whether the field filling requirements of the format contained in Annex 2 of these provisions have been satisfied. If the response meets the above, the SITI will generate an electronic acknowledgment of receipt, which will contain the information of the Letters included in the response.
In case the indispensable requirements for filling the format referred to in the preceding paragraph have not been met, the SITI will generate a report with the detected errors, so the Letter will not be considered responded. Likewise, in case the response sent by the Financial Entity was in bulk, none of the Letters included in the same will be considered responded. Consequently, the Financial Entity, in all cases, must verify that its submissions have been received and validated.

TRANSITORY PROVISIONS
FIRST.- These provisions will enter into force the day following their publication in the Official Gazette of the Federation.
SECOND.- Upon the entry into force of these Provisions, the "General provisions applicable to information and documentation requests regarding customers of credit institutions and brokerage houses," published in the Official Gazette of the Federation on April 7, 2006, are repealed.
THIRD.- Financial Entities will have a period of ten business days, counted from the entry into force of these provisions, to carry out the notifications referred to in articles 3 and 5, first paragraph.
FOURTH.- Financial Entities will have a period of one hundred twenty natural days counted from the entry into force of these provisions to comply with them.
Notwithstanding the above, Financial Entities that so decide may adhere to what is established in these provisions, prior to the expiration of the cited time limit, in which case they will be obligated to observe them.
Until the time limit referred to in the preceding paragraph expires, Financial Entities must continue to send information in accordance with the regulations applicable to them before the entry into force of these provisions, unless they have opted to adhere to the latter.

TRANSITORY PROVISION
(Resolution modifying the general provisions establishing the procedure for addressing information and documentation requests from competent authorities to financial entities subject to the supervision of the National Bank and Securities Commission, through said Commission, published in the Official Gazette of the Federation on October 11, 2010) SINGLE.- This Resolution will enter into force on January 10, 2011.

TRANSITORY PROVISION
(Resolution modifying the general provisions establishing the procedure for addressing information and documentation requests from competent authorities to financial entities subject to the supervision of the National Bank and Securities Commission, through said Commission, published in the Official Gazette of the Federation on April 28, 2017) FIRST.- This Resolution will enter into force the day following its publication in the Official Gazette of the Federation. SECOND.- Annex 3 will enter into force 210 days following the publication in the Official Gazette of the Federation of this Resolution.

TRANSITORY PROVISIONS
(Resolution modifying the general provisions establishing the procedure for addressing information and documentation requests from competent authorities to financial entities subject to the supervision of the National Bank and Securities Commission, through said Commission, published in the Official Gazette of the Federation on July 28, 2017) FIRST.- This Resolution will enter into force the day following its publication in the Official Gazette of the Federation. SECOND.- Annex 3 will enter into force as provided in the second transitory article of the Resolution modifying the General Provisions establishing the procedure for addressing information and documentation requests from competent authorities to financial entities subject to the supervision of the National Bank and Securities Commission, through said Commission, published in the Official Gazette of the Federation on April 28, 2017.

TRANSITORY PROVISION
(Resolution modifying the general provisions establishing the procedure for addressing information and documentation requests from competent authorities to financial entities subject to the supervision of the National Bank and Securities Commission, through said Commission, published in the Official Gazette of the Federation on December 13, 2018) SINGLE.- This Resolution will enter into force the day following its publication in the Official Gazette of the Federation.

CONSIDERING
(Resolution of October 11, 2010)
That with the purpose of including within the entities subject to the submission of information derived from information and documentation requests made by various fiscal, administrative, and judicial authorities, credit information societies; That in order to grant the possibility to entities subject to these provisions to submit information within an additional period beyond the originally established for that purpose, due to the nature of the documentation and information that must be sent to address the requests made by fiscal, administrative, or judicial authorities, it is necessary to establish an extension for such effect, and That with the purpose of ensuring greater legal certainty, it is necessary to interpret as a negative response the fact that regarding those requests issued by various fiscal, administrative, or judicial authorities that are notified by this Decentralized Body to financial entities via official letter, if they do not submit a response to this Commission, then, in the absence of a resolution within the time limit, the legal effect of having the referenced requests answered in the negative is attributed, has resolved to issue the following:

CONSIDERING
(Resolution of April 28, 2017)
That in consideration that, in the processing of proceedings before various fiscal, administrative, and judicial authorities, it is necessary for these to have financial information and documentation that is requested from financial entities through the National Banking and Securities Commission, and That given the importance that the requested information be obtained in the shortest possible time, so that the aforementioned authorities may exercise timely the powers conferred upon them by the applicable legal provisions, has resolved to issue the following:

CONSIDERING
(Resolution of July 28, 2017)
That it is necessary to specify in which media financial entities other than credit institutions must send the information requested by various fiscal, administrative, and judicial authorities from the National Banking and Securities Commission in order to provide administrative facilities for the benefit of such entities, has resolved to issue the following:

CONSIDERING
(Resolution of December 13, 2018)
That in consideration of Article 78 of the General Law for Regulatory Improvement and with the purpose of reducing the compliance cost of this modifying resolution, the National Banking and Securities Commission through a resolution published in the Official Journal of the Federation on April 26, 2018, modified the General Provisions applicable to the activities of savings and loan cooperative societies, to extend the periods in which such societies must disseminate on their internet page and deliver to the Commission their financial statements; likewise, published in the Official Journal of the Federation on April 12, 2018, were the General Provisions applicable to the use of the electronic authorization system for the organization, operation, and functioning of entities, through which the procedure for the authorization process of financial entities before the Commission is expedited;

That on March 9, 2018, the "Decree by which the Law to Regulate Financial Technology Institutions is issued and various provisions of the Credit Institutions Law, the Securities Market Law, the General Law of Organizations and Auxiliary Credit Activities, the Law for the Transparency and Ordering of Financial Services, the Law to Regulate Credit Information Societies, the Law for the Protection and Defense of Users of Financial Services, the Law to Regulate Financial Groupings, the Law of the National Banking and Securities Commission, and the Federal Law for the Prevention and Identification of Operations with Resources of Illicit Origin are reformed and added" was published in the Official Journal of the Federation;

That in terms of the Law to Regulate Financial Technology Institutions, financial technology institutions are obligated to respond to the requests that the National Banking and Securities Commission makes to them by virtue of requests from fiscal, administrative, and judicial authorities, and

That in view of the foregoing, it is necessary to consider financial technology institutions, in the general provisions that establish the procedure for addressing information and documentation requests that fiscal, administrative, and judicial authorities make to this type of institution through the National Banking and Securities Commission, has resolved to issue the following:

REFERENCES
1) Reformed by Resolution published in the Official Journal of the Federation on October 11, 2010.
2) Added by Resolution published in the Official Journal of the Federation on October 11, 2010.
3) Reformed by Resolution published in the Official Journal of the Federation on April 28, 2017.
4) By Resolution published in the Official Journal of the Federation on April 28, 2017, ANNEX 3 is ADDED.
5) Reformed by Resolution published in the Official Journal of the Federation on July 28, 2017.
6) Added by Resolution published in the Official Journal of the Federation on July 28, 2017.
7) By Resolution published in the Official Journal of the Federation on July 28, 2017, ANNEX 3 is SUBSTITUTED.
8) Reformed by Resolution published in the Official Journal of the Federation on December 13, 2018.
9) By Resolution published in the Official Journal of the Federation on December 13, 2018, ANNEX 1 is SUBSTITUTED.